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(영문) 서울중앙지방법원 2017.01.13 2016가단49823

위자료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of filing a four-time civil suit against the Plaintiff, the Defendant asserted that the Defendant did not establish the Defendant’s claim, and that the representative director registered on the corporate register was lawful, the Plaintiff filed a complaint against the Plaintiff by means of fraud, fraudulent entry in the original copy of a notarial deed and its exercise, evasion of compulsory execution, violation of the Resident Registration Act, etc., on the ground of false facts, and had the Plaintiff investigate the Plaintiff for at least six months. Moreover, the Plaintiff knew that the Plaintiff was in in an inhuman relationship with the employee, thereby causing mental harm

Therefore, the defendant is obligated to pay the plaintiff the amount of consolation money equivalent to the claim amount.

2. We examine the judgment, and there is no dispute between the parties that a disposition was issued to the effect that the plaintiff was guilty due to the lack of evidence against the defendant's wrong entry of the original copy of a notarial deed. However, considering the defendant's claims against the plaintiff et al. recognized by the statement in the 1 to 10 evidence, it is insufficient to recognize that the result of the disposition of the above notarial case alone caused damage to the plaintiff by the defendant's intentional or negligent illegal act, and there is no other evidence to prove otherwise.

[Plaintiff was attached to the complaint only in the notice of the reason for non-prosecution, and the Defendant’s detailed response disputing the Plaintiff’s assertion was submitted, and this court did not present any opinion or additional proof plan regarding the content of the Defendant’s answer at all on August 29, 2016, and the Plaintiff did not appear at all on the first and second date for pleading (on the second date for pleading, after the lapse of a considerable time than the designated time for pleading). The Plaintiff still did not present a detailed proof plan even on the application for resumption of pleading submitted after the closing of argument.)

3. Accordingly, the plaintiff's claim is reasonable.

참조조문